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@Pay Terms of Use
About the @Pay Website
This website is operated by @Pay Pty Ltd (ACN 644 546 770) (“@Pay”) under the domain name www.atpay.io, ” (“@Pay Website”). By using, accessing, viewing or otherwise relying on the information, graphics and materials on the @Pay Website (“Material on this website”) you agree to be subject to these Terms of Use and @Pay’s Privacy Policy.
In addition to the terms in this document, there may also be specific terms governing your use of, and access to, certain sections of the @Pay Website. Those specific terms also form part of these Terms of Use and you will be bound by them. You should review them wherever they are accessible by you on the @Pay Website.
Links to Other Websites
The @Pay Website may contain links to other websites operated by third parties such as those of @Pay’s merchant partners (“Third Party Websites”). Any such links are provided for convenience only. @Pay does not endorse, approve of or recommend those Third Party Websites, and is not responsible for the information, graphics and material they contain (“Third Party Material”).
All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator. In so far as such offers and statements are made on the @Pay Website, such offers and statements are made by @Pay on behalf of the Third Party Website operator. @Pay expressly disclaims acting in any other respect on behalf of Third Party Website operators.
Subject to any rights at law which cannot be excluded, @Pay makes no warranties or representations:
- About the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or that Third Party Material does not infringe the intellectual property rights of any person.
- When you follow a link on the @Pay Website, Third Party Material may be displayed in your browser framed by Material on this website. This material is also Third Party Material for the purpose of these Terms of Use.
- By linking Material on this website to Third Party Material, @Pay does not authorise the reproduction of Third Party Material. If you download software from a Third Party Website, use of that software may be subject to a licence agreement between you and the Third Party Website operator. To the extent permitted by law, @Pay accepts no responsibility or liability for that software.
- @Pay may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website from the @Pay Website.
- @Pay will receive commissions or a fee from a merchant partner in relation to goods or services supplied by the merchant partner as a result of you linking to the merchant partners website from the @Pay Website.
Product Information and Supply
Material on this website may contain general information about @Pay or related party products and services. Unless expressly stated otherwise, this information:
- Does not constitute an offer or inducement to enter into a legally binding contract; does not form part of the terms and conditions for @Pay or related party products and services; and is not intended to be financial advice and does not take into account any user’s objectives, financial situation or needs.
- All information is subject to change without notice. @Pay recommends that you seek independent advice before acting upon Material on this website or Third Party Material. For further information about a particular product or service please contact @Pay in writing at [email protected].
- If applicable, all applications for credit are subject to @Pay’s normal credit approval criteria.
- Unless expressly agreed otherwise, products and services referred to on the @Pay Website will be provided only to Australian residents. These products and services are generally not available to non-Australian residents because they may not comply with non-Australian laws.
Warranties
While we have made every effort to ensure that information is free from error, @Pay does not warrant the accuracy, adequacy, suitability or completeness of Material on the @Pay Website. Use of the @Pay Website is at your own risk. @Pay does not guarantee that the @Pay Website or Third Party Websites will be free from viruses, that the @Pay Website will be available, or that access to the @Pay Website or Third Party Websites will be uninterrupted. You are responsible for taking appropriate precautions for the protection of your computer system and data.
Limitation of Liability
Subject to any rights implied by law which cannot be excluded, @Pay is not liable to you, whether in contract, tort (including negligence), statute or otherwise, for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs), direct or indirect, whatsoever arising out of or referable to:
- Your use of the @Pay Website;
- Material on this website;
- Your use of Third Party Websites; or
- Third Party Material.
@Pay’s liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at @Pay’s option, to:
- The supply of the goods or services again;
- The repair of the goods; or
- The cost of having the goods or services supplied again or repaired.
Termination
Your use of and access to the @Pay Website may be terminated at any time by @Pay without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by @Pay will survive termination
Jurisdiction
Unless otherwise stated, the information on the @Pay Website is provided in compliance with Australian law and is only intended for persons within Australia. The @Pay Website may not comply with the laws of countries other than Australia and is not directed at, and should not be relied upon by, persons in any other country.
Copyright and Trade Marks
Copyright in the Material on this website is owned by or licensed to @Pay.
Except where necessary for viewing the Material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed, displayed or transmitted in any form by any process without the specific written consent of @Pay.
You must not use any trade mark (whether it be @Pay’s, a merchant partner’s or Third Party Material) displayed on the @Pay Website in any way without the express written consent of @Pay, the merchant partner or the Third Party Website.
@Pay’s, a merchant partner’s or Third Party Material) displayed on the @Pay Website in any way without the express written consent of @Pay, the merchant partner or the Third Party Website.
y Website is provided in compliance with Australian law and is only intended for persons within Australia. The @Pay Website may not comply with the laws of countries other than Australia and is not directed at, and should not be relied upon by, persons in any other country.
Privacy and the Use of the Website
@Pay does not collect any personal information about you when you use the @Pay Website unless:
- you provide it to us by completing an online application or online form or supplying us with your email address; or
- you log on and use the services available on the @Pay Website.
@Pay may also use third parties to collect statistical information to measure the effectiveness of our online advertising. Any third party involved in this process will not collect personal information.
If you use a link from the @Pay Website to a Third Party Website, the Third Party Website operator is responsible for the security and privacy of your information when you are viewing that website.
@Pay’s collection and use of your personal information is described in the @Pay Privacy Policy. By accessing, viewing, or otherwise using this website you agree to be subject to the @Pay Privacy Policy.
Our Use of “Cookies”
“Cookies” are small files of data that reside on your computer and allow us to recognise you as an @Pay customer if you return to the @Pay Website using the same computer and browser or otherwise use the @Pay Services. We send a “session cookie” to your computer if and when you log in to your @Pay account by entering your email address and password. We use these cookies to recognise you if you visit multiple pages in our site during the same session, so that you don’t need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect.
We also use longer-lasting cookies to display your email address on our sign-in form so you don’t have to retype the email address each time you log in to your @Pay account or otherwise use the @Pay Services. Our cookie files are encoded so that your email address and other information can only be interpreted by @Pay. We may, however, share cookie information with certain merchants with whom we have an official co-marketing relationship regarding whether a user identified by the merchant is already registered with @Pay.
We and our service-providers also use cookies to customise our services, content and advertising; measure promotional effectiveness, and promote trust and safety. You may encounter cookies from third parties when using the @Pay Services on websites we do not control. For example, if you view a web page created by a third-party or use an application developed by a third party, there may be a cookie placed by that web page or application.
Linking to the @Pay Websites
Please contact @Pay’s Marketing Department at [email protected] if you would like to place a link to any part of our website or become an @Pay merchant partner. You must not link to the @Pay Website without our express permission.
Acceptance and Changes to Terms of Use
You acknowledge and agree that your use of the @Pay Website indicates your acceptance of these Terms of Use and the Privacy Policy as varied from time to time.
These are the current Terms of Use. They replace any other terms of use for the @Pay Website published on the @Pay Website to date. @Pay may at any time vary the Terms of Use by publishing the varied Terms of Use on the @Pay Website. You accept that by doing this, @Pay has provided you with sufficient notice of the variation. Your subsequent use of the @Pay Website constitutes acceptance of the varied Terms of Use.